Opinions
‘Because of sex’ approach to protecting trans people
Many analyses of Bostock decision missed the real history

“Here, I thought, looking around me, is where it all changed, because I was still too young to understand that history is not simply made up of moments of triumph strung together like pearls. I didn’t know that large changes were made up of many small ones, and of moments of suffering and backsliding and incremental, selective progress; unnecessary sacrifices and the opportunistic, privileged and lucky walking forward over the vulnerable and the dead.” —Carmen Maria Machado
The road to LGBTQ equality has been long and winding, made up, legally, of two paths — sex (gender) stereotyping and “because of . . . sex.” Until the Bostock decision last month we had a quantum mechanical, “Schrödinger’s Cat” causal conundrum — would the decision be based on “sex” as written in Title VII of the 1964 Civil Rights Act, or “sex stereotyping” as developed in the landmark 1989 Price Waterhouse v. Hopkins Supreme Court decision? Many guessed it would be the former, “because of . . . Gorsuch” and his penchant for textualism, but that didn’t stop plaintiff Aimee Stephens’ lawyer, David Cole, from arguing with the latter. Turns out it was the former, but before I trace the social history of that path, I would like to point out a delicious irony.
It’s long been understood that the modern Supreme Court rarely leads, and usually follows, public opinion. That opinion is shaped by the people, and primarily by the people’s activist corps. In the case of the gay rights movement, the people universally known through the 1960s as homosexuals became known in the 70s as gay people. Why? Because the “sex” in “homosexual” directed one’s gaze to sex acts, which is still what most Americans conjure in their minds when they hear the word “sex.” And since many were repelled by the thought of gay sex, it became evident a different, de-sexed, label was necessary.
Similarly with the trans community, which had been universally known as the transsexual community through the 1980s, and which de-sexed “transsexual” to “transgender” in the ‘90s (the first national trans rights group, founded by Riki Wilchins and Denise Norris in 1993, was called “Transexual Menace,” and the second, was the “National Transgender Advocacy Coalition,” in 1999), and then finally just the single syllable “trans” in the aughts, to match the single syllable, “gay.” Language matters. Just as Americans viewed homosexual people through the lens of their sex acts, they viewed transsexual people the same way, often reduced to sex workers and homicidal maniacs (“Dallas Buyer’s Club,” 2013 and Hitchcock’s classic, “Psycho,” 1960).
So, today, gay and trans individuals have their employment rights, and soon full protections with the Equality Act next year, because of a return to the modern source of those rights, the Civil Rights Act of 1964, and “because of . . . sex.” Not gender, but sex, and, refreshingly so, but devoid of any implications of sexual activity. Justice Gorsuch, interestingly, returned to using the archaic term “homosexual” throughout his opinion, but did not revert to “transsexual,” and treated Ms. Stephens respectfully in his comments.
How did we get here? In the weeks following the decision many of the analyses of the decision missed the real history. That history is written by the victors, but it also very much matters which victors do the writing.
The path of “because of . . .” and “but for” sex began in the 60s, as Justice Gorsuch mentioned: Not long after the law’s passage, gay and transgender employees began filing Title VII complaints, so at least some people foresaw this potential application.
Trans persons won some lower court decisions in the ‘70s, before the religious and feminist backlash began in 1979 with Janice Raymond and then the Reaganites. Trans plaintiffs lost in the late ‘70s and ‘80s because transsexualism was not recognized as a form of sex (Holloway v. Arthur Andersen, 1977, Sommers v. Budget Marketing, 1982 and Ulane v. United Airlines, 1984). And then, in 1989, came Price Waterhouse v. Hopkins, and the landscape utterly changed for trans plaintiffs.
The first, and until Bostock, only SCOTUS decision (and victory) for a trans plaintiff occurred in 1994, in a unanimous Eighth Amendment decision written by Justice Souter on behalf of the plaintiff, a black trans woman, Dee Farmer. The next federal appeals court case, and the first in a string of victories leading to Bostock, was Smith v. City of Salem in 2004, won on both sex and sex stereotyping concerns, followed by another Sixth Circuit case, Barnes v. City of Cincinnati in 2005. Philecia Barnes was also a black trans woman and she won “because of sex.” The only hiccup in this long chain of victories was Etistty v. Utah Transit Authority in the 10th Circuit in 2007. This was followed in rapid succession by the blockbusters: Schroer v. Billington, 2008; Glenn v. Brumby, 2011; and Macy v. Holder, 2012.
It was the unanimous Macy decision at the EEOC, led by Commissioner Chai Feldblum, that protected trans persons in all 50 states, and cemented the “because of sex” approach to protecting trans persons. Professor Feldblum, a major author of the 1991 Americans with Disabilities Act (ADA), had been living in Takoma Park, Md., in Montgomery County in 2007-08 when I led the campaign for Basic Rights Montgomery to pass and defend the county gender identity law. That law generated the first bathroom bill backlash in the United States, and Professor Feldblum, who had been a believer in the doctrine that trans status was a function of sex and, therefore, covered by Title VII, was further encouraged to pursue it if she ever got her chance in the federal government to make it a reality. Presciently, these were her words 20 years ago: “But a strict textualist approach might work as well (or even better) for those seeking to achieve broad protection for gay people and transgender people. Under such an approach, the intent of the enacting Congress (or state legislature) is not as important as the words the legislature chose to use.”
It had been obvious to me, as well, as I had been teaching and lobbying for years on the medical basis of transsexualism being rooted in brain sex. Research begun in 1995 had been making that very plain. But few LGBTQ attorneys, with the notable exception of Katie Eyer, believed in the possibility of progressive textualism, even though the Constitution is the product of the Enlightenment.
So after being nominated by President Obama to the Equal Employment Opportunity Commission (EEOC) and confirmed by the Senate, Professor Feldblum looked for the right case and found it in Mia Macy. She then did the same for David Baldwin in the first national gay rights victory, Baldwin v. Foxx, in 2015.
Just looking at these cases it was clear that the federal courts (and some state courts as well) were beginning to respect trans persons enough, including black trans women, beginning in the ‘90s to not only not summarily throw them out of court, but to seriously apply the “because of sex” and sex stereotyping arguments to them. All that at a time when fewer than 8% of Americans (in a 2013 poll) admitted to knowing a trans person; when gay people, far better represented in the media and known in their communities, were routinely failing in federal court. Yet there have been post-Bostock analyses by highly respected civil rights lawyers that turn this history on its head. For example, Shannon Minter, the trans attorney for the National Center for Lesbian Rights (NCLR), said: “We’ve always known that our legal arguments are strong and should be accepted, but the reason it took decades for the courts to accept these arguments was because transgender people were so foreign to the courts.”
This is not the first time. After promoting the trans legal case “because of sex” for years, I tried to get the national LGBTQ, and particularly trans, organizations to recognize our success post-Macy. They would have none of it. The lawyers at HRC, the National LGBT Task Force, and even NCTE, the National Center for Transgender Equality on whose board I sat, refused to acknowledge the breakthroughs. To get the word out I had to publish a pamphlet, with attorney Jillian Weiss and activist Riki Wilchins, which was promoted by Masen Davis and the Transgender Law Center, the only nationally oriented trans group willing to get on board. We were also supported by Tico Almeida and Freedom to Work.
Fortunately, thousands of trans persons got the message, and filed claims with the EEOC. Many won, with most settling out of court because, you know, the law matters. Yet others have lived the past eight years in fear and anxiety because our institutions’ lawyers repeatedly said that we had no protections without a decision of the Supreme Court. I countered that it would take years, or might never happen because we were winning all our cases, and without a split at the appeals court level the Court might not even take up the issue. Fortunately for us today, SCOTUS rolled us into the Circuit split on the gay rights cases (Bostock and Zarda), and we pulled the gay community along to victory. No gays left behind. We had not lost a Circuit Appeals case since 2007, the only one in the 21st century, so I, for one, was not surprised.
People who are committing themselves to activism need to understand the history so as to most effectively pursue their goals in the future. LGBTQ folks need to understand the bureaucratic resistance within their own movements, from the most well-meaning people. It is, indeed, always a long and winding road to liberty and equality.
Dana Beyer is a longtime D.C.-based advocate for transgender equality.
Commentary
The cost of speaking one’s mind
Colombian artist José Miel’s recent comments on Pride, LGBTQ community sparked controversy
Colombian artist José Medina, known professionally as José Miel, 34, originally from Bogotá, is going through one of the most complex moments of his public career. Following his exit from “La casa de los famosos Colombia,” his name has been placed at the center of a controversy that has gone beyond the realm of entertainment and into a broader terrain: the debate over freedom of expression, diversity, and the limits of dissent within a society that defines itself as inclusive.
Miel is not an improvised figure. His trajectory in music, acting, and television reflects a sustained process of training, work, and exposure across different platforms. He participated in “Yo me llamo” (2019) and “La Descarga” (2022), establishing himself as a versatile artist within the Colombian entertainment industry. His career has been built through effort, in an industry that does not guarantee permanence without discipline.
However, the recent focus is not on his artistic work, but on his statements.
On March 15, the program “La Red” on Caracol Televisión released an interview on its digital platforms in which the singer spoke openly about the difficult moment he is facing, stating that his words — referring to comments he made after leaving “La casa de los famosos” — “cost him dearly.” His opinions on Pride, inclusive language, and the LGBTQ acronym triggered an immediate and polarized reaction.
From that moment on, the debate moved beyond the content of his words and opened another angle that cannot be overlooked.
Miel is known for the precision, firmness, and clarity with which he expresses his ideas. He is not an improvised artist, neither in discourse nor on stage. However, amid this controversy, a question also arises — one that deserves consideration from a journalistic standpoint:
What was the intention of the journalist, commentator, or media outlet that posed the questions leading to these statements?
This is not about shifting responsibility for what was said, but about understanding the context in which it occurred. At a moment in his career marked by multiple opportunities and projects, Miel’s responses placed him at the center of a controversy with real consequences.
In that sense, it is worth asking whether these were genuine questions within an open dialogue, or whether they followed a more provocative line, aimed at generating headlines or exposing the interviewee in a sensitive terrain.
This is not a minor question.
In media environments where every word can be amplified, the role of the one asking the questions is also part of how the story is constructed.
Within this context, this outlet held a phone conversation with the artist this Wednesday in order to gather his position directly. What follows are his responses to three central themes: the consequences of his words, his identity, and his call for respect.
Regarding the personal cost of expressing his opinion, Miel was clear:
You are now paying a high price for speaking your mind.
Do you regret having spoken out, or do you still believe your voice is non-negotiable?
Response:
“I believe that as human beings we all know that giving an opinion on any topic will bring problems. That’s the problem with society: it doesn’t respect other people’s opinions, because many think they are always right, and that’s not the case. Everyone has their reasons, everyone has their opinions, and those must be respected — even if you disagree.
What I expressed was an opinion without discrimination, without harming anyone, without stepping on anyone. And yet the opposite has been done to me: I’ve been trampled on, harmed, threatened, sent very ugly messages, harassed, hate coming from everywhere.
I knew what I was getting into. I knew what could happen. But I am proud of myself. I am proud of my conviction, and I will defend it until the end, because I truly believe in what I said. I do not regret it.”
When addressing his stance on labels, Pride, and how he defines himself, the artist stated:
You say you don’t identify with certain expressions of Pride or with the acronym.
So how do you define who you are, without labels or molds?
Response:
“Well, I don’t identify with Pride marches because they don’t represent me at all. They would represent me if they were respectful and appropriate, because many families attend — children, grandparents, parents … everyone is there.
And it’s quite disrespectful to see many people — not all, I emphasize — exposing their bodies, wearing very little clothing, drinking alcohol, intoxicated, using drugs. I don’t think that’s the way I would seek respect and equality.
I don’t like the term LGBTIQ+ community or all the letters that keep being added, because I feel that these acronyms make people discriminate more. I understand why they exist, because I know that what is not named does not exist, but I feel it is not the right way.
To me, everyone is part of society. We are human beings.
I don’t have labels or molds. I am a man, I am homosexual, and that’s it. The fact that I wear makeup or more feminine clothing is part of my artistic work, part of the stage. My everyday life is completely different.”
Finally, when referring to the reactions he has received, Miel insisted on a point that runs throughout his position:
You speak about respect, yet you’ve received attacks even from within the same community. What do you say today to those who call for inclusion but do not respect when someone thinks differently?
Response:
“I realized that the same community discriminates against itself. Many gay people have written to support me, telling me how brave I am, that they think the same way but don’t dare to speak.
To those who disagree with my opinion, I say: respect it, even if you don’t like it. You can express your opinion because we live in a free country, but do it with arguments, from your perspective, without stepping on others.
Because that is not the way.
I understand the struggles, I understand what is being sought, but I feel that if other ways of fighting were heard, many things could be achieved through respect and equality.
Everyone is free to think and say what they want — but always with respect. It’s that simple.”
Beyond his statements, what the artist is currently facing was also exposed in the March 15 interview on “La Red.” In that space, Miel described in his own words what he called a “string of problems”: constant harassment on social media, direct threats, hate messages, canceled performances, loss of contracts, and stalled projects due to external pressure and boycott warnings.
This situation not only highlights the media impact of his words, but also the material consequences that expressing an opinion can have in today’s digital environment.
His statements also drew reactions from the political sphere. Colombian Congressman Mauricio Toro wrote on social media:
“Hate and discrimination are learned. Sometimes they are so deeply rooted that they turn against oneself. José Miel, neither you nor I have anything to hide or to be ashamed of. Being free and loving without fear is the greatest thing you can experience as a human being.”
However, this position was also criticized. A significant number of users — even those who do not agree with the artist’s statements — have insisted that his right to express his views must be respected, pointing to a growing tension between inclusive discourse and tolerance for dissent.
The case of José Miel goes beyond a media controversy. It reflects a broader reality: the difficulty of sustaining respect when opinions do not align, even within spaces that promote diversity.
In a context where social media amplifies every stance, reactions to difference become immediate and, in many cases, disproportionate.
Beyond individual positions, what happened raises a deeper question:
Is it possible to speak of inclusion if we are not capable of respecting difference?
The philosopher Voltaire left behind an idea that remains relevant:
“I disagree with what you say, but I will defend to the death your right to say it.”
That is the point.
Because if a society is not capable of upholding the right of others to express themselves — even when it is uncomfortable — then it is not building inclusion; it is merely managing agreement.
And in that scenario, the case of José Miel stops being an isolated episode.
It becomes a test.
A test of how far we are willing to go in respecting others when they do not think like us.
Support does not mean agreement.
In this case, support means something more basic and more necessary: defending the right to exist, to think, and to express oneself without being destroyed for it.
Opinions
The outrage economy is not the LGBTQ community
We can respect every person’s humanity without feeding algorithms
There is a simple truth I want to start with, because it matters and because it is too often lost in the noise.
I believe every human being deserves dignity.
I believe in individual freedom. I believe in treating people with respect. I believe adults should be able to live their lives openly, safely, and without harassment or fear.
That includes LGBTQ people. Always. But there is something else we need to say with the same moral clarity.
The outrage economy is not the LGBTQ community.
In recent months, as debates about schools, speech, and identity continue to dominate headlines, it has become increasingly clear how easily genuine conversations about dignity and freedom are drowned out by a profitable outrage cycle.
Right now, too much of what passes for “LGBTQ news” is not about people’s lives, safety, or equality. It is about engagement. It is about clicks. It is about fundraising. It is about manufacturing the next emotional flashpoint. And people are exhausted.
Most Americans are not waking up in the morning looking for a fight about language or labels. They are worried about rent. They are worried about insurance. They are worried about traffic. They are worried about whether their kids are safe and learning. They are worried about whether their paychecks still stretch to the end of the month.
The culture war is not most people’s daily life. It has become an industry.
And like any industry, it needs fuel. It needs conflict. It needs constant escalation. It needs the next headline that triggers the strongest reaction.
Social media algorithms reward exactly that. The loudest and most extreme reactions are amplified, pushing the most sensational interpretation of any story to the top of everyone’s screen. That is why we keep seeing the same pattern: ordinary human experiences are repackaged as identity controversy.
A celebrity reflects on not feeling traditionally feminine, and within hours it becomes a viral referendum on gender identity. A personal observation becomes a cultural battleground. The internet is told it must choose a side. This is not liberation. It is marketing. And it is not harmless.
Because while adults argue about language and labels online, real kids are struggling offline.
Children today are growing up in a world that is louder, faster, and more psychologically intense than any generation before them. Anxiety is rising. Depression is rising. Social isolation is rising. Bullying has migrated from the hallway to the phone, and it never stops.
Kids are being exposed to adult conversations at younger and younger ages, often without the maturity or support systems to process them. Here is the part that should concern everyone, regardless of politics. Our schools are not resourced for this reality.
We do not have enough counselors. We do not have enough psychologists. We do not have enough early childhood behavioral specialists. We do not have enough social workers. We do not have enough trained staff able to identify distress early and intervene appropriately.
Florida, like the rest of the country, faces a serious shortage of youth mental health professionals. When children struggle, too often there is simply no one available to help early.
In many communities the need is obvious and urgent. Yet the conversation we keep getting is not about expanding mental health support, strengthening early intervention, or helping families navigate difficult moments.
Instead we get a never-ending cycle of political conflict that makes everyone more anxious and less able to hear one another. Let me be clear about something. Individuality is not the problem. People are complex. People do not fit neatly into stereotypes. Many never have.
A woman who does not feel like a “girly girl” is not a threat. A man who does not relate to traditional masculinity is not a threat. People exploring their identity is not a threat.
The real problem is the commercialization of identity.
When media outlets treat every celebrity quote as a cultural emergency, they are not helping LGBTQ people. They are feeding a machine that thrives on division. And that machine does not care who gets hurt.
It hurts trans people, because it turns their lives into content and controversy instead of treating them as human beings navigating deeply personal realities.
It hurts gay people, because it reduces an entire community to a political symbol rather than recognizing the diversity of real lives and experiences.
It hurts women, because it suggests that not fitting stereotypes requires a new label, when the entire history of women’s equality has been about expanding freedom beyond those stereotypes.
It hurts families, because it creates confusion without support and noise without guidance. And it hurts the arts as well.
Drag, theater, and performance have long been places where society explores humor, character, and freedom. But when everything becomes political warfare, the public begins to associate even artistic expression with endless conflict.
People withdraw. Not because they hate anyone, but because they are exhausted by the noise. This is the great irony of our moment. A culture that claims to be expanding freedom is, in practice, shrinking it. Not through laws alone, but through fear.
Fear of saying the wrong thing. Fear of being attacked online. Fear of asking a sincere question. Fear of being dragged into a fight that never ends. We cannot build a healthy society that way. And we cannot build a healthy LGBTQ movement that way either.
The LGBTQ community did not fight for decades to replace one set of rigid boxes with another. The goal was always freedom. The goal was dignity. The goal was the right to live honestly without harassment and without the state policing private life.
If we want to protect that legacy, we need to be honest about what is happening now.
There are advocacy organizations doing important work. There are journalists covering real issues responsibly. There are educators and mental health professionals trying to help kids navigate a complicated world.
But there is also a profitable ecosystem of consultants, influencers, and outrage merchants who benefit from keeping the temperature high. They do not want resolution. They want engagement. And engagement requires conflict.
So what do we do? We return to what actually helps. We invest in mental health resources in schools. We expand early childhood support. We make sure kids who are struggling can access qualified professionals. We strengthen families and communities instead of turning them into ideological battlegrounds.
We treat adults like adults. We respect personal freedom. We stop demanding that every workplace become a permanent cultural battlefield. Professionalism is not oppression. Respect is not hate. Equal treatment is not cruelty. We also stop confusing stereotypes with identity.
Not feeling “massively feminine” is not a crisis. It is a normal human experience. It does not need to become a viral controversy. We can respect every person’s humanity without feeding the outrage economy. We can support individuality without turning every personality trait into a cultural emergency. We can defend LGBTQ dignity without empowering a machine that profits from division.
Most of all, we can choose leadership that lowers the temperature instead of exploiting the fire. Because the truth is this: the public is not as hateful as the internet suggests.
The public is tired. The public is overwhelmed. The public is struggling.
And what most people want now is a culture that feels calmer, fairer, and grounded in reality again.
That is not a threat to LGBTQ equality. It may be the only way it survives.
Fabián Basabe is a Florida State Representative.
Botswana
Lorato ke Lorato: marriage equality, democracy, and the unfinished work of justice in Botswana
High Court considering marriage equality case
As Botswana prepares for the resumption of a landmark marriage equality case before the High Court on July 14–15, the country finds itself at a critical constitutional crossroads.
At first glance, the matter may appear to be about whether two women, Bonolo Selelelo and Tsholofelo Kumile, can have their love legally recognized. At its core however, this case is about something far more profound: the dismantling of patriarchy, the decolonization of law, and the integrity of Botswana’s constitutional democracy.
Beyond marriage: a question of power
Marriage, as a legal institution, has never been neutral. It has historically functioned as a mechanism for regulating women’s bodies, sexuality, and social roles within a patriarchal order. To deny LBQ (lesbian, bisexual, and queer) women access to marriage is not merely to exclude them from a legal benefit, it is to reinforce a hierarchy of relationships, where heterosexual unions are deemed legitimate and all others invisible. This case therefore challenges the very foundations of who gets to love, who gets to belong, and who gets to be protected under the law.
As feminist scholars have long argued, patriarchy is sustained through institutions that appear ordinary but are deeply political. The law is one such institution. And it is precisely here that this case intervenes: by asking whether Botswana’s legal system will continue to uphold exclusion, or evolve to reflect the constitutional promise of equality.
A constitutional journey: Botswana’s courts and human dignity
This is not the first time Botswana’s courts have been called upon to affirm the dignity of LGBTQI+ persons. Over the past decade, the judiciary has built a progressive body of jurisprudence grounded in equality, nondiscrimination, and human dignity.
In Attorney General v. Rammoge and Others (Court of Appeal Civil Appeal No. CACGB 128-14, 2016), the Court of Appeal upheld the right of LEGABIBO to register as an organization. The court affirmed that:
“The refusal to register the appellant society was not only unlawful, but a violation of the respondents’ fundamental rights to freedom of association.”
This was followed by the ND v. Attorney General of Botswana (MAHGB-000449-15, 2017) case, where the High Court recognized the right of a transgender man to change his gender marker. The court held:
“Gender identity is an integral part of a person’s identity … and any interference with that identity is a violation of dignity.”
In Letsweletse Motshidiemang v. Attorney General (MAHGB-000591-16, 2019), the High Court decriminalized same-sex activity, declaring sections of the Penal Code unconstitutional. Justice Leburu powerfully stated:
“Human dignity is harmed when minority groups are marginalized.”
This decision was affirmed by the Court of Appeal in Attorney General v. Motshidiemang (CACGB-157-19, 2021), where the court emphasized:
“The Constitution is a dynamic instrument … it must be interpreted in a manner that gives effect to the values of dignity, liberty, and equality.”
These cases collectively establish a clear principle: the Constitution of Botswana protects all persons, not just the majority.
The marriage equality case now asks a logical next question: If LGBTQI+ persons are entitled to dignity, identity, and freedom from criminalization, why are their relationships still denied recognition?
Decolonizing the law: What is truly ‘UnAfrican’?
Opponents of marriage equality often argue that homosexuality is “unAfrican.” This claim, while politically powerful, is historically inaccurate. Same-sex relationships and diverse gender identities have existed across African societies long before colonial rule. What is foreign, however, are the laws that criminalize these identities.
Botswana’s anti-sodomy laws were inherited from British colonial legal systems, not from indigenous Tswana culture. As scholars of African history have demonstrated, colonial administrations imposed rigid Victorian moral codes that erased and suppressed existing sexual diversity. To claim that homosexuality is unAfrican, while defending colonial-era laws, is therefore a contradiction.
A truly decolonial approach to the law requires us to ask: Whose morality are we upholding? And whose history are we erasing?
Marriage equality, in this sense, is not a Western imposition: it is part of a broader project of reclaiming African dignity, plurality, and humanity.
Democracy on trial: the question of separation of powers
This case also raises important questions about the health of Botswana’s democracy.
Following the 2021 Court of Appeal decision affirming the decriminalization of same-sex relations, Botswana witnessed public demonstrations, including marches led by groups such as the Evangelical Fellowship of Botswana (EFB), opposing the judgment and calling for the retention of discriminatory laws.
While public participation is a cornerstone of democracy, these events raise deeper concerns about the separation of powers. Courts are constitutionally mandated to interpret the law and protect fundamental rights, even when such decisions are unpopular. When judicial decisions grounded in constitutional principles are publicly resisted on moral or religious grounds, it risks undermining the authority of the courts and the rule of law itself.
Democracy is not simply about majority opinion: it is about the protection of minority rights within a constitutional framework.
Botswana is not a theocracy
It is also important to clarify a recurring misconception: Botswana is not a Christian nation.
Botswana is a secular constitutional democracy and more accurately, a pluralistic society that recognizes and respects diversity of belief, culture, and identity. The Constitution does not elevate one religion above others, nor does it permit religious doctrine to dictate legal rights. The law must serve all citizens equally, regardless of faith.
To frame marriage equality as a threat to Christianity is therefore misplaced. The question before the courts is not theological, but constitutional: Does the exclusion of same-sex couples from marriage violate the rights to equality and nondiscrimination?
Love, equality, and the future of justice
At its heart, this case is about love, but it is also about power, history, and justice. It asks whether Botswana is prepared to move beyond colonial legal frameworks and patriarchal norms, and to embrace a future grounded in equality, dignity, and inclusion.
It asks whether the Constitution will continue to be interpreted as a living document, one that evolves with society, or remain constrained by outdated moral assumptions. Ultimately, it asks whether Botswana’s democracy can hold true to its founding promise: that all persons are equal before the law.
As the High Court prepares to hear this case in July 2026, the nation has an opportunity to affirm not only the rights of two individuals, but the broader principle that love, in all its diversity, deserves recognition, and protection.
Lorato ke lorato.
Love is love.
Justice, if it is to mean anything at all, must make space for it.
Nozizwe is the CEO of LEGABIBO (Lesbians, Gays and Bisexuals of Botswana)
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